DC Circ. Shoots Down EPA Exceptions To Soot-Screening

Law360, New York (January 22, 2013, 4:01 PM EST) -- The D.C. Circuit on Tuesday ruled that the U.S. Environmental Protection Agency exceeded its authority when it created a rule that allowed some new power plants to sidestep a screening program for excessive soot pollution. 

In 2010, the agency created new standards for fine particulate matter, also known as PM2.5, and created a rule that included two opportunities for potential new sources of the pollutant to bypass some normal permit requirements. The Sierra Club had challenged the EPA after the rule was finalized, saying the agency...
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